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News Articles

Ninth Circuit Finds Fish and Wildlife Service Could Not Withhold Some Draft Jeopardy Opinions from Disclosure Under FOIA Exemption

This action deals with materials generated during the U.S. Environmental Protection Agency’s (EPA) proposed new regulations under § 316(b) of the federal Clean Water Act…

Read More 2019-02-05

Fourth Circuit Find Army Corps Lacked Statutory Authority to Nullify State-Imposed Special Conditions on CWA Nationwide Permit

A pipeline developer sought to rely on a nationwide permit under the federal Clean Water Act (CWA) for various stream crossings. However, the pipeline’s Federal…

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Utah Court of Appeals Affirms that a Municipality is not Constitutionally Obligated to Serve Residents Outside of its Boundaries and Forfeiting a Water Right

The Utah Court of Appeals has held that consistent with Article XI, § 6 of the Utah Constitution, a municipality is not obligated to provide…

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Oregon Court of Appeals Rules Department of State Lands Must Find Public Need Before Issuing Wetland Removal Fill Permit

In Citizens for Responsible Development in The Dalles, the Oregon Court of Appeals reversed and remanded the decision of the Oregon Department of State Lands…

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California DWR Approves EIR and Files Validation Action for State Water Project Contract Extension Amendments

On December 11, 2018, the Director of the California Department of Water Resources (DWR), Karla A. Nemeth, certified and approved the Final Environmental Impact Report…

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U.S. Bureau of Reclamation and California DWR Reach Agreements for Coordinated Operations of Central Valley Project and State Water Project

The California Department of Water Resources (DWR) and the U.S. Department of the Interior Bureau of Reclamation (Bureau) recently executed agreements updating the respective agencies’…

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California Court of Appeal Applies CEQA Fair Argument Standard to Mitigated Negative Declaration

In December 2018, the California Court of Appeal for the Third District issued its decision in Georgetown Preservation Society v. County of El Dorado. The…

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California’s Governor Newsom Directs Lawsuit Alleging City’s Housing Element Violates State Housing Element Law

California’s housing crisis is perhaps the state’s best-known feature, or now at least tied with sunshine and surfing. Despite of flurry of legislation in recent…

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California Grants Nearly $25 Million For Climate Change Research Projects

In 2017, Governor Jerry Brown signed Assembly Bill (AB) 109, creating a research program within California’s Strategic Growth Council (SGC). AB 109 also allocated $11…

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Automakers File Amicus Brief in the Ninth Circuit in the Volkswagen ‘Clean Diesel’ Suit Arguing for Federal Preemption

On December 13, 2018, the Alliance of Automobile Manufacturers Inc., the Association of Global Automakers, and the U.S. Chamber of Commerce filed its amicusbrief to…

Read More 2019-02-05